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highway commissioners, or commissioners and township clerk, or a majority of them in each town through which such road passes, or instead thereof the consent of a majority of the freeholders residing on that part of the highway so to be taken, shall be first obtained; and such company, during the construction of such plank road, shall in no wise unnecessarily obstruct or prevent travel on such highway."

such any

amended.

rectors to

ral.

Sec. 3. That the thirty-ninth section of said act shall be amended Section 39, so that, as amended, said section shall read as follows, viz: "Sec. 39. On or before the first Tuesday of January in each year, Board of diit shall be the duty of the board of directors of company report to to render a report to the Auditor General, verified by the oath of Aud. Geneany two of such directors, setting forth the length of road completed, the cost of constructing their road, the amount of money borrowed, the amount of all money expended, the amount of their capital stock, and how much of the same is paid in, and how much expended, the whole amount of earnings, and how much expended on such road, the amount received during the year for toll, and from all other sources, stating each separately, the amount of dividends made, and the amount set apart as a reparation fund, and the amount of indebtedness of said company, specifying the object for which the indebtedness accrued, and the actual nett profits of said company for the preceding year."

Sec 4. Section forty of said act shall be amended so that said Section 40, section, as amended, shall read as follows, viz :

amended.

Annual tax

"Sec. 40. Each and every plank road company formed under this act, shall pay to the treasurer of the State of Michigan, an annual when paid. tax at the rate of five per cent on the nett profits of said company for the year preceding the day on which the report, in the ninth section of this act mentioned, shall be made; which tax shall be paid on the first Tuesday of January, in each year, and shall be estimated upon the last preceding report of said company, and said Stateax shall be in lieu of all other taxes upon the property of said company." Approved February 12, 1853.

Certain

[ No. 53. ].

AN ACT to complete the judicial organization of the State.

SECTION 1. The People of the State of Michigan enact, That the

counties in third judicial circuit shall, in addition to the county of Wayne, in

cluded in the 3d and

8th judicial

circuits.

Duty of

clude the counties of Cheboygan and Emmet; and the eighth judicial circuit shall, in addition to the counties now included in it, also include the counties of Oceana, Newaygo, and Grand Traverse.

Sec. 2. The circuit judge of the third circuit is hereby required, within twenty days after the passage of this act, to appoint the times judge relative to terms of holding the terms of the circuit courts in the counties of Cheboygan

of circuit

court.

Ibid.

Jurisdicti❜n.

and Emmet, and to cause notice thereof to be published in the Northern Islander, a newspaper published in the county of Emmet, and also to transmit to the clerks of each of said counties a copy of such notice, which shall be filed and preserved by such clerk.

Sec. 3. The circuit judge of the eighth circuit is hereby required, within twenty days after the passage of this act, to appoint the times of holding the terms of the circuit courts in the counties of Oceana, Newaygo, and Grand Traverse, and to cause notice thereof to be published in the Grand Rapids Enquirer, a newspaper published in the city of Grand Rapids, and to transmit to the clerks of each of said counties a copy of such appointment, which shall be filed and preserved by such clerks.

Sec. 4. The circuit courts shall have the same jurisdiction to hear, try, and determine causes now pending or hereafter commenced, as if said counties had been added to said circuit at the time of organizing the same respectively.

Sec. 5. This act shall take effect immediately.
Approved February 12, 1853.

Sec. 6 of act

[ No. 59. ]

AN ACT to amend section six of an act to continue for a limited time the charter of the Farmers' and Mechanics' Bank of Michigan.

SECTION 1. The People of the State of Michigan enact, That secNo. 124 of tion six of an act to continue for a limited time the charter of the 1849, amen

ded. Farmers' and Mechanics' Bank of Michigan, approved March twenty

fourth, one thousand eight hundred and forty-nine, be and the same is hereby amended so as to read as follows:

"Sec. 6. The said bank shall pay the State Treasurer, by the first state tax. day of March of the present year, and on or before the second Monday in January of each year hereafter, during its corporate existence, one per cent. on its entire circulation, which shall be in lieu of all other taxes, to be ascertained by the amount of stock deposited with the State Treasurer: Provided, That in no case shall said bank pay said tax on a less amount than one hundred thousand dollars; and all real estate owned by said bank shall be taxed as other property in the several townships, cities, and villages where the same may be situated."

Sec. 2. This act shall take effect immediately.
Approved February 12, 1853.

[ No. 60. ]

AN ACT relative to the Univerity Interest Fund.

ditor Gene

to interest

ty fund.

SECTION 1. The People of the State of Michigan enact, That the Auditor General be required to credit the University Fund with the Duty of Auentire amount of the interest that has accrued since the thirty-first ral relative day of December last, and that may hereafter accrue, upon the whole on universiamount of university lands sold, or that may be hereafter sold, and to draw his warrant upon the State Treasurer, which he is hereby required to pay to the treasurer of the University, upon his application therefor, from time to time, as the said interest so credited may accrue and be received.

Sec. 2. This act is hereby limited in its operations to the period of Limitation. two years from and after the thirty-first day of December, eighteen hundred and fifty-two.

Approved February 12, 1853.

Commis

[ No. 61. ]

AN ACT supplementary to an act to provide for the construction of a ship canal around the falls of St. Mary's, approved February fifth, eighteen hundred and fifty-three.

SECTION 1. The People of the State of Michigan enact, That the sioners ap-commissioners appointed under an act to provide for the construction pointed under act of of a ship canal around the Falls of St. Mary's, approved February fifth, authorized eighteen hundred and fifty-three, are hereby authorized, in case they taxes in cer- shall find it is impracticable to let the contract for the construction of

Feb. 5, 1853,

to remit

tain cases.

Proviso.

Duty of Au

al.

said canal, on terms which will secure its completion according to the provisions of said act, in their discretion, to contract that any taxes to be assessed on the lands donated for that purpose, shall be remitted to the person or persons taking such contract, for a period not exceeding five years from the time fixed for the completion of said canal: Provided, That when any of said lands shall be sold by the contractors to any other persons, the same shall thereafter be subject to taxation as in other cases.

Sec. 2. For the purpose of carrying out the provisions of the foreditor Gener-going section, the Auditor General is hereby required, upon satisfactory evidence that any of said lands are held by such contractors, and have not been sold by them, to receipt the amount of any such taxes assessed within the period fixed upon in such contract, and returned to his office for non-payment, and to charge the amount thereof to the general fund: Provided, That the amount so charged to the general fund may be reimbursed to the State from tolls upon said canal, in such manner as shall be provided by law, in case said amount shall not be resimbursed by the United States government.

Proviso.

Sec. 11 of act

No. 90 of

1-51, amenled.

This act shall take effect immediately.
Approved February 12, 1853.

[ No. 62. ]

AN ACT to amend act number ninety (90) of the session laws of eighteen hundred and fifty-one (1851) entitled an act to incorporate the village of Mount Clemens, approved April fourth (4th,) eighteen hundred and fifty-one, (1851.)

SECTION 1. The People of the State of Michigan enact, That section eleven (11) of act number ninety (90) of the session laws of eighteen hundred and fifty-one, (1851,) be and the same is hereby

amended by adding after the word "warrant," in the twentieth line, "said warrant may be renewed from time to time as the village council shall direct ;" and by inserting after the word village, in the twenty-third line, the words "except for the purpose of purchasing fire › engines and the necessary apparatus for extinguishing fires;" also by inserting after the word year, in the twenty-ninth line, the words "except in the case of the purchase of fire engines and apparatus ;" so that said section, when amended, shall read as follows, viz:

council rel

sessments.

livered to

in case of

"Sec. 11. It shall be the duty of the council, once in each and Duty of every year, and immediately after the assessors have assesseed the ative to as real and personal estate lying and being in said village, to estimate, apportion and set down in a column left for that purpose, opposite to the several sums set down as the polls and value of the real and personal estate in the assessment roll, the respective sums, in dollars and cents, to be paid as a tax or assessment thereon; and they shall cause the assessment roll, or a copy of it, to be delivered to the marshal of Assessment said village, with a warrant annexed to the same, under the hands roll to be deand seals of said president, recorder and trustees, or a majority of marshal them, directed to and requiring him to collect from the several persons named in said roll, the several sums mentioned therein, set opposite to their respective names, as the tax or assessment, and authorizing him, in case any of them shall refuse or neglect to pay such Proceedings sums, to levy the same by distress and sale of his or her goods and refusal or chattels, together with the costs and charges of such distress and sale, pay. and directing him to pay such money, when collected, to the treasurer of said village, by a certain day to be named therein, not less than forty days from the date of said warrant; and said warrant may be renewed from time to time as the village council shall direct: Provided, That the village council shall not in any one year raise by tax Power of a sum exceeding two and one-half mills on a dollar of the assessed valuation of real and personal property in the said village, unless the electors thereof shall, in legal meeting assembled, authorize a larger sum to be raised: And provided further, That the council shall not create a debt against the corporation greater in any one year than the amount of tax'they are authorized to raise for such, except in the case of fire engines and apparatus: And provided further, Said council shall be and are hereby authorized to call special meetings of the electors

neglect to

council rela

tive to am't

of tax.

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